A Toronto court has dismissed a constitutional challenge against Ontario’s new law that regulates the traditional Chinese medicine industry.

In a decision released Friday, the Ontario Divisional Court ruled that there is no constitutional right to practise a profession.

“Even if there was such a right, there was no denial here, because by their own choice and for their own reasons, the practitioner applicants have not applied for registration under the Traditional Chinese Medicine (TCM) Act,” said the decision.

“Nor was there any evidence about how their own TCM practices have been affected by the coming into force of the (act) and the registration regulation. There is no evidence of deprivation.”

“It is clear that (the regulations) do not prohibit the practice of TCM in Chinese or in any other language. Language fluency requirements are also common to all other health professions in Ontario,” the court said. “These are not discriminatory requirements.”

The province passed the TCM act in 2006 and it took effect in April, requiring all practitioners be licensed. The unlicensed are subject to a $25,000 fine for a first offence and a $50,000 fine and/or a two-year jail sentence for a repeat offence.

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